Righting copyright

The Cabinet has approved a set of amendments to the Copyright Act of 1957,bringing it in line with international copyright legislation as well striking a blow for the dues of creative authorship. In the music and film industries,performers rights have been considerably enhanced,providing a much needed balance to the producers tight clutch over content. Establishing moral rights for performers not only establishes paternity,but also limits the perversion of an artistes intent. (For instance,many musical remixes end up being entirely at odds with the intent of its creators,who have no recourse. And as Manisha Koiralas battle with the producer of Ek Choti Si Love Story starkly showed,actors have no real control over content.) The copyright period of a film has been set at 70 years (with a possible extension of another 10),with directors and producers being acknowledged as joint authors. Whatever the afterlife of the artistic work,these amendments also promise that everyone who participated in its creation will be compensated. So far,producers ran the whole show in the case of movie soundtracks,all the links in the chain from composers to lyric-writers and performers usually cede their rights to the producer,or in some cases negotiate for a part of the revenue from CD sales,etc. However,they dont get a slice of income generated from future broadcasts so a songwriter gets no tangible benefit from his or her song being a major money-spinner on FM.

In times when physical music sales are giving way to incorporeal digital versions,the question of monetary recompense is especially contentious. Now,a system of statutory licensing will ensure both public access to music over FM and TV,while also looking out for the interests of copyright owners. However,while copyright is philosophically intended to protect creators,it has often been hyper-extended in ways that hurt public access. These amendments,for instance,also include words about protecting rights holders from circumvention of effective technological measures. The implications of such measures must be carefully considered.

Most laudably,the Copyright Act amendments promise special exemptions for the differently-abled so copyright dues will be waived for e-reading formats,in the interest of accessibility. India has around 70 to 100 million people with physical,sensory or cognitive impairments that prevent them from access to printed materials. So far,copyright law didnt allow books to be converted into accessible formats and shared. These amendments will ensure that the disabled can finally be on the same page as everyone else.